Part 1.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
Chapter 1.
ADMINISTRATION
Subchapter A. GENERAL POLICIES AND PROCEDURES
10 TAC §1.10
The Texas Department of Housing and Community Affairs (the
Department) proposes amendments to §1.10, concerning the Department's
Public Comment Procedures and Topics at Public Hearings and Meetings. This
section is proposed to implement new legislation enacted by the 78th Legislative
Session and now codified as §2306.0661(f), Texas Government Code.
Edwina P. Carrington, Executive Director, has determined that for the first
five-year period the section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Ms. Carrington has also determined that for the first five-year period
the section is in effect the public benefit anticipated as a result of enforcing
the section will be to allow for more meaningful public input to the Department.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amendment as proposed.
Comments on the proposal may be submitted to Ms. Sarah Anderson, Director,
Center for Housing Research, Planning, and Communications, Texas Department
of Housing and Community Affairs, P. O. Box 13941, Austin, Texas 78711-3941,
sarah.anderson@tdhca.state.tx.us, or by fax 512/475-3746 within thirty days
of this notice.
This section is proposed pursuant to the authority of the Texas
Government Code, Chapter 2306.
No other code, articles or statutes are affected by this section.
§1.10.Public Comment Procedures and Topics at Public Hearings and Meetings.
(a) - (d)
(No change.)
(e)
Topics. The Department shall consider the following topics
in relation to a proposed housing development:
(1) - (8)
(No change.)
(9)
zoning and other land use considerations; [
(10)
any
matter considered by the Board to be relevant
to the approval decision and in furtherance of the Department's purposes and
the policies of Chapter 2306, Texas Government Code; or
[
(11)
other good cause as determined by the
Board.
(f) - (g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on May 24, 2004.
TRD-200403499
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: July 4, 2004
For further information, please call: (512) 475-4595
Subchapter G. STATEMENTS OF OWNERSHIP AND LOCATION
10 TAC §80.201, §80.209
The Manufactured Housing Division of the Texas Department
of Housing and Community Affairs (the "Department") proposes amendments §§80.201
and 80.209. New subsection §80.201(d) provides provisions for correcting
Statements of Ownership Location and in §80.209(a) the Application for
Statement of Ownership and Location form is revised to allow retailers to
report homes that are in their inventory.
Figure: 10 TAC §80.209(a)- Revised Blocks 3 and 6 to allow retailers
to report homes that are in their inventory.
Figure: 10 TAC §80.209(b)- No change.
Timothy K. Irvine, Executive Director of the Manufactured Housing Division
of the Texas Department of Housing and Community Affairs, has determined that
for the first five-year period that these sections as proposed are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering these sections.
Mr. Irvine also has determined that for each year of the first five years
the sections as proposed are in effect the public benefit as a result of enforcing
the sections will be clarification of Statement of Ownership and Location
procedures and records. There will be no economic effect on small businesses
or micro-businesses as a result of enforcing these sections. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
The Division will conduct a hearing on the proposed rules on Tuesday, July
6, 2004 at 1:00 p.m. at the Austin Headquarters located in the Waller Creek
Office Building at 507 Sabine, 4th Floor Boardroom, Austin, Texas 78701.
Comments may be submitted to Mr. Timothy K. Irvine, Executive Director
of the Manufactured Housing Division, of the Texas Department of Housing and
Community Affairs, P. O. Box 12489, Austin, Texas 78711-2489 or by e-mail
to tim.irvine@tdhca.state.tx.us. The deadline for comments is 30 days after
publication in the
Texas Register
.
The amendments are proposed under the Texas Manufactured Housing
Standards Act, Occupations Code, Subtitle C, Chapter 1201, §1201.052,
which provides the Department with authority to amend, add, and repeal rules
governing the Manufactured Housing Division of the Department and under Texas
Government Code, Chapter 2306, §2306.603, which authorizes the director
to adopt rules as necessary to administer and enforce the manufactured housing
program through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed amendments.
§80.201.Issuance of Statements of Ownership and Location.
(a)
Initial Statements.
(1)
The Department will issue an initial Statement of Ownership
and Location within ten (10) working days after receipt of a complete application,
accompanied by all documentation necessary to support the application.
(2)
In order to be deemed complete, an application for a Statement
of Ownership and Location must include, as applicable:
(A)
A completed and fully executed Application for Statement
of Ownership and Location on the Department’s prescribed form;
(B)
The required fee;
(C)
If one or more liens are to be reflected on the Statement
of Ownership and Location, copies of documentation establishing the creation,
existence, and priority of each such lien;
(D)
If a manufactured home is relocated, satisfactory evidence
that there are no property tax liens on the home or that provision has been
made for them. Satisfactory evidence would include, but would not be limited
to, evidence that the relocation was effected with a TxDoT approved move or
a statement from a title company, lender, or escrow agent, executed by a person
purporting to be its duly authorized officer or representative, that money
sufficient to pay the taxes was being held by them and would be applied to
the payment of those taxes.
(b)
Revised Statements.
(1)
The Department will issue a revised Statement of Ownership
and Location within ten (10) working days after receipt of a complete application,
accompanied by all documentation necessary to support the application.
(2)
In order to be deemed complete, an application for a revised
Statement of Ownership and Location must include, as applicable:
(A)
A completed and fully executed Application for Statement
of Ownership and Location on the Department’s prescribed form;
(B)
The required fee;
(C)
If one or more liens are to be reflect on the Statement
of Ownership and Location, copies of documentation establishing the creation,
existence, and priority of each such lien;
(D)
If one or more existing liens are to be released or transferred,
appropriate supporting documentation, including a properly executed and completed
release of lien form;
(E)
If a manufactured home is to be designated for use as a
dwelling after the home has been designated for business use only or salvage,
evidence of a satisfactory habitability inspection by the Department, accompanied
by the required fee;
(F)
If a manufactured home is relocated, satisfactory evidence
that there are no property tax liens on the home or that provision has been
made for them. Satisfactory evidence would include but would not be limited
to, evidence that the relocation was effected with a TxDoT approved move,
a paid taxes certificate from the county tax assessor for the county where
the home was located prior to the move, or an original, signed statement from
a title company, lender, or escrow agent, executed by a person purporting
to be its duly authorized officer or representative, that money sufficient
to pay the taxes was being held by them and would be applied to the payment
of those taxes;
(G)
In instances where title to a manufactured home is conveyed
in a transaction other than a transaction requiring a license under the Standards
Act, such as testamentary and non-testamentary transfers, private sales not
requiring a license, voluntary or court-ordered partitions, etc, originals
or certified copies of appropriate documentation to support any such transfer,
as required by the Department; and
(3)
Any change in a Statement of Ownership and Location shall
result in a new Statement of Ownership and Location being issued, and the
new Statement of Ownership and Location shall specify the effective date which
shall be either the date of the submission of the completed application or
such other date as the Director may determine is appropriately supported by
the information provided.
(c)
Replacing a Document of Title.
(1)
Upon receipt of a written request, applicable fee(s), and
any necessary additional information, including a notarized statement of election
of real or personal property status, the Department will replace a document
of title with a Statement of Ownership and Location.
(2)
If a manufactured home title showed that it was personal
property, that will be presumed to be its status until and unless a revised
Statement of Ownership and Location is applied for and issued. Likewise, if
a manufactured home has had a certificate of attachment issued and had title
cancelled to real property, that shall be presumed to be its status until
and unless a revised Statement of Ownership and Location is applied for and
issued.
(d)
Corrections to Statements of
Ownership and Location.
(1)
If a correction is required as a result of a
department error, it will be corrected at no charge.
(2)
If an error was made for another reason, it
will be corrected upon receipt of all documentation needed to support the
correction.
(3)
If a correction is requested because of an error
made by a party other than the department, the correction will not be made
until the department receives the following:
(A)
A complete corrected application for Statement
of Ownership and Location,
(B)
Any necessary supporting documentation, and
(C)
The required fee of $25, which can be reduced
or waived by the director for good cause.
§80.209.Statement of Ownership and Location Forms.
(a) Application for Statement of Ownership and Location:
Figure: 10 TAC §80.209(a) (.pdf)
(b) Form B (Release of Lien, Foreclosure of Lien or Lien Assignments):
Figure: 10 TAC §80.209(b) (No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on May 21, 2004.
TRD-200403472
Timothy K. Irvine
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: July 4, 2004
For further information, please call: (512) 475-2206
and
]
other
topics that the board by rule determines to be appropriate.
]
Chapter 80.
MANUFACTURED HOUSING